Legal advice regarding satellite dish install

Babu

I live in a block of privately owned flats. There are 20 flats and each flat owns 1/20th share of the freehold. The residents run the management company that owns the block. A number of flats are owner occupied and a number are rented out.

One of the flats that is rented has a tenant who wishes to install a satellite dish. He has quoted a number of European resolutions that allow any European member access to satellite television. The block has a communal tv aerial and also has cable television wired to each flat.

My question is has anyone come across this issue before and can we legally stop this tenant from installing a dish?

Any pointers would be appreciated.

crossleydd42

Try this to start with:
http://www.odpm.gov.uk/stellent/groups/odpm_planning/documents/page/odpm_plan_606331.hcsp



Bear in mind that there might be a covenant in the deeds or similar legal document, forbidding the erection of satellite dishes.

YorkshireBoy

A few thoughts...

I'm on a development of 12 houses, and a covenant within my deeds states quite clearly that "no antennae are to be fixed to the outside of the property". Maybe you could check your deeds for similar restrictions?

Surely the tennant would need permission from the owner before erecting equipment on his property? Is the owner aware of his tennants wishes/intentions?

Check (on his/her behalf) with the local council/planners if permission is required for external antennae.

Plasticman

I agree with the posters above that there will probably be something in the lease relating to this. Any European resolutions are likely to relate to governments restricting access to satelite TV not whether you can install a dish on your roof!! The decision should rest with the management company.

Babu

Thanks to all.

I checked the Deputy Prime Minister's website and it's a little vague since it leaves the onus on the freeholder/landlord which in my case is the management company.

Our lease also forbids additional antennae to be fixed.

I have found the actual European resolution that the tenant had quoted - Europa IP/01/913

This entitles any private individual has the right to install a satellite dish where they choose. I would like to know if this resolution supersedes the restrictions of the lease?

Thank you.

robowen

I don't get what your problem is here

The guy wants a satellite dish to watch the tv !
He's not going to burn your flat !

Why do you object ??

Forgive me for sounding a little perplexed here

rob

scheming_gypsy

i agree Rob.. sounds like he's going to be burnt at the stake for watching TV. Making the poor bloke sell his flat just to get a few more channels..

it's a block of flats, they're ugly anyway so a satellite dish won't make it any worse.

crossleydd42

You're not being helpful, Robowen and Scheming Gypsy. He's after help, not your personal opinions. You wouldn't think it helpful if you'd asked for help and got comments like yours!

I'd still say that covenants and the local council are your best bet to start with, Babu. And the site I mentioned earlier did say that even if fitted, there were controls on where it could be fitted on a property.

robowen

crossleydd42 wrote:

He's after help, not your personal opinions.

He certainly does need help ! :doh:
Has he got nothing better to do with his time than victimise a poor bloke that wants to watch his tv in peace ? :doh:

Why should we help someone...when we don't agree with what they are trying to do ? :think:
All I did was ask a legitimate question. Why does he object so much to someone wanting to watch his tv ? :think:

When he asked for help...he was asking for everyone's personal opinions. He didn't stipulate he only wanted those who agree with what he's doing !

If I asked the board for help in finding the best way to shoot someone, can I expect to receive only a reply from those willing to help ? :think:

I don't think so !


rob

Murtle

Please comment on the question then not your personal views.

For those that don't know the question was......

My question is has anyone come across this issue before and can we legally stop this tenant from installing a dish?

and in answer, yes I have come across it before, I live in a block of flats, and we are not allowed to put up sky dishes. We have one central one on the roof that if we want sky we can ask the management company and they send someone out to connect us to it!! as per this part of that law!
Architectural and town-planning obstacles

IP/01/913 : Concerns of an architectural and town-planning nature, which are often cited in this context, can be met by solutions which make it possible, where necessary and technically feasible, to minimise the visual and aesthetic impact of satellite dishes without impairing quality of reception, under reasonable conditions and at reasonable cost; such solutions can, for example, involve the location of the dish (indoors rather than outdoors) or the type of dish (e.g. a collective dish rather than numerous individual dishes).

Sky don't usually deal with flats anyone so it would have to be someone else who did it! Does he know that he can use cable etc?? or he can work out how to use the sky dish inside!!!

Good luck

Hunnymonster

Who says the bloke wants Sky - there are other satellites out there, perhaps he wants channels from 'home'